Bill Text - HB157 (2019)

Relative to the class rate for biomass.


Revision: Dec. 27, 2018, 9:12 a.m.

HB 157 - AS INTRODUCED

 

 

2019 SESSION

19-0099

06/04

 

HOUSE BILL 157

 

AN ACT relative to the class rate for biomass.

 

SPONSORS: Rep. Notter, Hills. 21; Rep. Harrington, Straf. 3; Rep. Aldrich, Belk. 2; Rep. Barry, Hills. 21; Rep. D. Thomas, Rock. 5; Rep. Torosian, Rock. 14

 

COMMITTEE: Science, Technology and Energy

 

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ANALYSIS

 

This bill:

 

I.  Deletes certain criteria for inclusion of methane gas as a class III renewable energy source.

 

II.  Increases the class rate for biomass.

 

III.  Changes the exemption period for certain electrical supply contracts.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0099

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the class rate for biomass.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Electric Renewable Portfolio Standard; Electric Renewable Energy Classes.  Amend RSA 362-F:4, III to read as follows:

III.  Class III (Existing Biomass/Methane) shall include the production of electricity from any of the following, provided the source began operation prior to January 1, 2006 [and except as provided in subparagraph (b)]:

(a)  Eligible biomass technologies having a gross nameplate capacity of 25 MWs or less.

(b)  Methane gas.  [Effective for electricity production commencing January 1, 2017, methane gas shall not qualify for class III if the production is from a source or sources which began operation prior to January 1, 2006 and which source exceeds, or sources exceed, a total gross nameplate capacity of 10 MWs in the aggregate located at any single landfill site.  All phases, stages, cells, lifts, expansions, and other landfill areas shall be combined in determining the single landfill site gross nameplate capacity.  Only class III and potential class Ill eligible sources at any single landfill site shall be included in determining whether the 10 MW aggregate limitation has been exceeded.]

2  Renewable Energy Fund; Rates.  Amend RSA 362-F:10, III to read as follows:

III.(a)  Beginning in 2013, the commission shall adjust these rates by January 31 of each year using the Consumer Price Index as published by the Bureau of Labor Statistics of the United States Department of Labor for classes III and IV and 1/2 of such Index for classes I and II.

(b)  In lieu of the adjustments under subparagraph (a) for class III in 2015 [and], 2016, and 2017, the class rate in each of those years shall be $45.  [In lieu of the adjustments under subparagraph (a) for class III in 2017, 2018, and 2019, the class rate in each of those years shall be $55.]

(c)  By January 31, [2020] 2018 the commission shall compute the [2020] 2018 class III rate to equal the rate that would have resulted in [2020] 2018 by the application of subparagraph (a) to the 2013 rate and each subsequent year's rate to [2020] 2018.

(d)  In [2021] 2019 and thereafter, the class III rate shall be determined by application of subparagraph (a) to the prior year's rate.

3  Electric Renewable Standard; Exemption Period for Certain Electrical Supply Contracts.  Amend RSA 362-F:15 to read as follows:

362-F:15  Exemption Period for Certain Electrical Supply Contracts.  

I.  The increases in the annual purchase percentages in RSA 362-F:3 applicable to class II for 2018 and thereafter as compared to the class II annual purchase percentages in effect as of January 1, 2017, shall not apply to the megawatt-hours delivered during the contract term under any electrical power supply contract entered into before the effective date of this section, provided that the contract term in effect before such effective date has not been extended or otherwise increased after that date.

II.  [The change in the class III methane gas eligibility requirements in RSA 362-F:4, III(b) as compared to the class III methane gas eligibility requirements in effect as of January 1, 2017 shall not apply to class III methane gas certificates:

(a)  Acquired pursuant to a contract entered into before the effective date of this section for the contract term, provided that the contract term in effect before such effective date has not been extended or otherwise increased after that date; or

(b)  That are 2017 calendar year certificates issued before the first day of the first month of the calendar quarter following such effective date.

III.]  Providers shall inform the commission by July 1 of each year, through July 1, 2020, of all such exempted contracts, including but not limited to, the execution date and expiration date of the contract, the basis for exemption under this section, and if applicable, the annual megawatt-hours supplied and exempted, or the annual amount of exempted methane gas certificates and the basis for exemption.  All such information filed with the commission shall be exempt from the provisions of RSA 91-A:5, IV.

4  Effective Date.  This act shall take effect upon its passage.